Ethics Flashcards
What is the central purpose of the RICS?
To promote and enforce the highest professional standards and qualifications in the development of land, real estate, construction and infrastructure.
They do this by:
- Setting professional standards
- Regulate and oversights
- Memberships and qualifications
- CPD
How does the RICS ensure members and firms abide by the Rules of Conduct?
Clear Guidelines: RICS Global Rules of Conduct 2021
Monitoring and Audits: RICS conduct regular audits and monitoring of its members and regulated firms to ensure compliance with the rules.
Disciplinary Process: Head of Regulation at the RICS investigates claims of serious misconduct. They have the power to:
1. Serve a Fixed Penalty notice
2. Make a Regulatory Compliance Order
3. CPD sanctions
4. Refer to a Disciplinary Panel
Why must a Charted Surveyor do CPD?
It’s one of the professional obligations for members of the RICS.
Ensures you remain up to date with relevant legislation and any changes to the industry.
Why must a Charted Surveyor main solvent?
May impair your decision making and mean that you’re more likely to take bribes and not act in the best interest of the client.
If you’re unable to manage your own finances, it may not reflect well on you being able to manage your client finances.
Give me an example of when you acted with integrity in your work?
When I undertook a survey at Spire Hospital, as the purpose was for the sale of the property, it was important not to disclose any information with the staff and patients. I had a cover story in place that was set by the client when required. Ensuring that sensitive information is handled responsibly and ethically.
Give me an example of when you have provided a high standard of service?
At 30 Finsbury Square, I scheduled a meeting on site to discuss the scope of the works. I mentioned that because it was for a BIM model, I required to see the structural elements of the building, which involved opening ground and ceiling panels. They were concerned about the disruption this would cause the employees, so I proposed to do the survey out of hours.
Give me an example of when you have acted in a way that promotes trust in the profession?
With every instruction, I always perform a conflict check to ensure there are no conflicts of interest before proceeding. This insures that I can advise and represent each client objectively and independently.
Give me an example of when you have treated others with respect?
My involvement with project-based internal department instructions and TDD projects involves working with a wide variety of people from different backgrounds. I always treat others with respect and have found that this fosters strong relationships, which in turn create innovative solutions and effective problem-solving.
Give me an example of when you have taken responsibility?
While working independently at JPMC in America, I encountered various site issues and due to the time difference it was up to me to find solutions and take responsibility for my actions.
What would you do if you were asked to do something unethical?
First I would identify if it was unethical by reviewing the ethics decision tree to see if it was unethical.
I would speak to someone more senior, such a line manager or supervisor.
I would whistleblow if required eg I would report suspected Money Laundering to the MLRO.
When you taken on a new client, what check do you make?
Conflict of Interest check
Customer Due Diligence to identify the client and verify their identity .
If the client is a politically exposed person (PEP), A PEP family member/business associate
If the client was from a high-risk third country then you should undertake Enhanced Due Diligence (EDD)
How do you undertake a conflict of interest check?
Check the company name and address
Check the property address
Use CBRE internal client management system (Sales Force)
Review and assess the outcomes in order to proceeded
How would you approach a conflict of interest?
Follow the guidance set out in the RICS Global Professional Standards on Conflicts of Interest 2017.
I would:
Inform the client
Disclose the nature of conflict
Notify the client that impartially may be affected.
Get sign off to proceed with client
Set up an Information barrier to proceed
What is a conflict of interest?
When your ability to act impartially is affect.
What is a conflict check?
A check used to determine if a member or firms ability to act impartially is affected.
Can involve past or present clients, property or other relevant entities involved in the project.
What are the 3 types of conflict?
Party Conflict - working on the same instruction for two different parties
Own Interest Conflict - relating to a personal interest
Confidential Information Conflict - relating to work between two parties which is confidential
What is money laundering?
Moving money from illegal activities into legal entities.
Why does your firm have Terms of Engagement? What should be included within them?
Creates a contract with the client
Includes
proposed fee basis
Scope of works
payment of expenses
copy of the firm’s complaint handling procedure
How do you close down a practice?
Inform RICS
Inform clients and arrange for them to be handed over to a new firm
Return any clients’ money
Set up professional indemnity run- off cover for a minimum of 6 years
Retain a copy of client files and record for a minimum of 6 years
What is the structure of the RICS?
Governing Council who run RICS
Regulatory Board, Management Board and various committees report to the Governing Council
18 specialist professional groups covering property, land and construction
What changes have been made to the Royal Charter and Bye-Laws?
Reduced the size of Governing Council to 25 seats, with 15 geographical seats
A new Chair of the Governing Council will act for up to 6 years
President will focus on ambassadorial duties and continue to be elected on an annual basis
Why do you want to be a Chartered Surveyor?
- Status - professional credentials provide client confidence
- Recognition - promotion of your professional excellence
- Market advantage - RICS status gives you a competitive advantage
- Knowledge - International practice standards and professional guidance
- Network - access to over 150,000 professionals worldwide
What are the 3 benefits of regulated firms?
CPS:
- Confidence - for client as regulated firms are monitord by RICS regulations
- Professionalism - firms have to provided clear, impartial and expert advice
- Security - firms have to have recognised CHP, access to ADR and PII cover
How many hours of CPD do you have to undertake and what are the rules?
Minimum of 20 hours of CPD per year, of which at least 10 hours must be formal
Members must record their CPD activity online by 31 January
Members must maintain an understanding of RICS Professional and Ethical Standards every 3 years on a rolling basis